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Q: EU Citizenship via Marriage ( No Answer,   7 Comments )
Question  
Subject: EU Citizenship via Marriage
Category: Relationships and Society > Law
Asked by: kaimag-ga
List Price: $2.00
Posted: 26 Jan 2006 11:25 PST
Expires: 25 Feb 2006 11:25 PST
Question ID: 437984
I am an American citizen by birth.  I just got married to a German. 
Is there a formal application that I can complete to become an "EU
citizen" or do I
become one by virtue of marriage to one.  Or, do I have to become a
German permanent resident first?  Any insights would be great!
Answer  
There is no answer at this time.

Comments  
Subject: Re: EU Citizenship via Marriage
From: politicalguru-ga on 26 Jan 2006 12:08 PST
 
Kaimag, 

I've already answered a very similar question, If it doesn't help,
please let me know:
http://answers.google.com/answers/threadview?id=357530
Subject: Re: EU Citizenship via Marriage
From: kaimag-ga on 26 Jan 2006 13:52 PST
 
Thanks.  So what I'm getting from your explanation then is that I
can't be an EU citizen, unless I'm a citizen of one of the EU
countries, and since it will be basically impossible to become a
German citizen (w/o giving up my US citizenship), there's no way to
get EU citizenship.  So the most I can do is get German permanent
residency, and be considered a resident of the EU then?
Subject: Re: EU Citizenship via Marriage
From: politicalguru-ga on 27 Jan 2006 02:10 PST
 
No, that's not what I said. 

- You can become a German citizen, if you two live in Germany for
several years, and if you decide to renounce your American
citizenship;

- You can legally live (and work) with your wife anywhere in the EU, as her spouse.
Subject: Re: EU Citizenship via Marriage
From: bama2k2-ga on 13 Feb 2006 18:06 PST
 
I have recentely studied Ec law as part of my degree course and as far
as i an remember you will be afforded the rights of an E.U citizen by
proxy as a result of your marriage but will not be a German Citizen,
However, as your reason for being there is your marriage there is
really no reason why citizenship should make any difference to you as
you will be allowed to reside and work there, for further information
you if you'e looking to work there you should see the EU directives on
free movement of workers, these should be available on the europa
website, i believe it is europa.eu and the general area in which you
find these should have adequate information on any other queries you
may have
Subject: Re: EU Citizenship via Marriage
From: myoarin-ga on 14 Feb 2006 02:44 PST
 
There are now exceptions to the rule that one has to give up one's
previous citizenship, either as a US citizen becoming a German or vice
versa.

http://www.einbuergerung.de/Einbuergerung_2006_neu.pdf

See page 14 ff.

Whether you qualify for one of these exception is a question you can
persue while fulfilling the residency requirement, indeed, you may be
able to do something in that time that establishes grounds for an
exception.

The United States no longer automatically assumes that you have given
up your citizenship when you take on a new one  - which leaves you the
continuing obligation to pay US taxes  (which is also true while you
live abroad as a permanent expatriot).

Myoarin (American in Germany)
Subject: Re: EU Citizenship via Marriage
From: kaimag-ga on 21 Feb 2006 09:52 PST
 
Thanks to all.  The reason I ask is that I am an attorney in the U.S.
and was just admitted as a UK solicitor.  EU Directive states, I
believe, that an EU citizen admitted in one jurisdiction can practice
in any other EU country, without having to get fully qualified. 
(there may be residency or transfer test requirements).  So I'm trying
to determine if I would fall under these rules so I can be deemed
qualified to practice law in Germany without having to take the full
German examinations.
Subject: Re: EU Citizenship via Marriage
From: myoarin-ga on 21 Feb 2006 14:42 PST
 
This is the German law implementing the EU directive:
http://www.brak.de/seiten/pdf/EuRAG.pdf

As you will see (or your wife can translate), it is not so simple.  I
believe that I understood that an EU attorney needed three years
practice in his home country (UK, in your case, besideds citizenship
in an EU country.  And the text goes on with more details.

Perhaps a good way to get more information is by contacting an
American lawyer who is working in Germany, maybe through your law
school alumni society or through a law firm that has an office in
Germany.

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